The division of common property shall be carried out by both parties on the principle of consensus, not by one party. If no agreement can be reached through consultation, the people's court shall make a judgment based on the specific conditions of the property and in the principle of taking care of the rights and interests of children and women. The principle of compensation. The party who has paid more obligations may claim compensation from the other party. The compensation is paid from the divided property. If the divided property is insufficient to pay, it shall be supplemented from its personal property, which shall not be divided.
Legal basis:
Article 1087 of the Civil Code of the People's Republic of China
At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.
The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.